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Deed Of Real Estate Mortgage

Deed Of Real Estate Mortgage Template for Germany

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Key Requirements PROMPT example:

Deed Of Real Estate Mortgage

"I need a Deed of Real Estate Mortgage for a residential property in Munich, securing a €450,000 loan from Deutsche Bank, with the mortgage to be registered by March 2025 and including standard consumer protection clauses."

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Document background
The Deed of Real Estate Mortgage (Grundschuld) is a fundamental instrument in German real estate financing, used to secure loans and other financial obligations through a charge on real property. This document is essential when property owners need to obtain financing using their real estate as collateral, or when refinancing existing property loans. Unlike some other jurisdictions, German law requires strict formalities for creating real estate security, including mandatory notarization and registration in the Land Register (Grundbuch). The document must comply with various German laws, including the Civil Code (BGB) and Land Registration Code (GBO), and typically includes detailed property descriptions, secured amounts, and enforcement provisions. It's particularly notable that under German law, this security right can exist independently of the underlying debt, making it a flexible tool for property financing.
Suggested Sections

1. Parties: Identification of the mortgagor (property owner), mortgagee (usually a bank), and any other relevant parties with their full legal names and addresses

2. Property Description: Detailed description of the mortgaged property including land register details (Grundbuch), plot numbers, and exact location

3. Mortgage Amount: Specification of the principal mortgage amount (Grundschuldbetrag) and currency

4. Interest and Ancillary Payments: Details of interest rate and any additional payments secured by the mortgage

5. Immediate Enforceability: Submission to immediate enforcement (Unterwerfung unter die sofortige Zwangsvollstreckung)

6. Security Purpose Agreement: Definition of the secured claims and purpose of the mortgage (Sicherungszweckvereinbarung)

7. Registration Authorization: Authorization for land register entry and registration of the mortgage

8. Payment and Discharge Terms: Conditions for payment and eventual discharge of the mortgage

9. Assignment and Transfer: Provisions regarding the transferability of the mortgage

10. Costs and Fees: Allocation of notary fees, registration costs, and other expenses

Optional Sections

1. Multiple Properties Clause: Required when the mortgage covers multiple properties, specifying joint liability

2. Priority Agreement: Needed when there are multiple charges on the property to establish ranking

3. Foreign Currency Provisions: Required when the mortgage is denominated in a currency other than EUR

4. Special Repayment Terms: Include when there are specific prepayment or installment arrangements

5. Power of Attorney: Optional section for authorizing representatives to act on behalf of parties

6. Consumer Protection Clauses: Required when the mortgagor is a private individual/consumer

7. Cross-Collateralization: Needed when the mortgage secures multiple obligations or properties

Suggested Schedules

1. Property Details Schedule: Detailed technical description of the property, including plans, boundaries, and land register excerpts

2. Payment Schedule: Detailed breakdown of payment terms, interest calculations, and due dates if applicable

3. Prior Charges Schedule: List of existing charges or encumbrances on the property

4. Secured Obligations Schedule: Detailed description of all obligations secured by the mortgage

5. Land Register Excerpts: Current certified excerpts from the land register (Grundbuchauszug)

6. Property Valuation: Professional valuation report of the mortgaged property

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Property
Secured Obligations
Grundschuld
Grundbuch
Land Register
Mortgagor
Mortgagee
Security Purpose Agreement
Principal Amount
Interest Rate
Enforcement Notice
Business Day
Land Registration Office
Immediate Enforceability
Prior Charges
Secured Party
Security Period
Property Documents
Registration Requirements
Discharge Documentation
Enforcement Proceedings
Permitted Encumbrances
Additional Security Rights
Notarial Deed
Transfer Declaration
Security Purpose
Payment Date
Default Event
Valuation Report
Ranking of Security
Relevant Industries

Banking and Financial Services

Real Estate

Legal Services

Construction and Development

Property Investment

Mortgage Lending

Commercial Property

Residential Property

Agricultural Property

Industrial Property

Relevant Teams

Legal

Real Estate

Credit Risk

Mortgage Operations

Compliance

Property Finance

Due Diligence

Loan Administration

Risk Management

Property Management

Relevant Roles

Real Estate Lawyer

Banking Lawyer

Mortgage Officer

Credit Manager

Real Estate Manager

Property Finance Manager

Loan Officer

Compliance Officer

Risk Manager

Legal Counsel

Property Portfolio Manager

Real Estate Investment Manager

Mortgage Underwriter

Due Diligence Officer

Property Valuation Specialist

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB) §§ 873, 1113-1190: Core provisions governing real estate law, property rights, and mortgage regulations in Germany, including the creation, transfer, and termination of mortgage rights
German Land Registration Code (Grundbuchordnung - GBO): Regulations concerning the registration of real estate rights in the land register, including procedural requirements for mortgage registration
German Notarization Act (Beurkundungsgesetz - BeurkG): Requirements for the notarization of real estate transactions and mortgages, as all real estate contracts in Germany must be notarized
German Banking Act (Kreditwesengesetz - KWG): Regulations affecting mortgage lending and banking institutions, particularly relevant when the mortgage is connected to a loan
German Consumer Protection Laws (Verbraucherschutzrecht): Provisions protecting consumers in mortgage transactions, including information requirements and cooling-off periods
Money Laundering Act (Geldwäschegesetz - GwG): Requirements for identity verification and documentation in real estate transactions to prevent money laundering
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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